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Advertising Law of the People's Republic of China

Date Issued: 10-27-1994 Effective Date: 02-01-1995

Advertising Law of the People's Republic of China (2015 Revision)

Date Issued: 04-24-2015 Effective Date: 09-01-2015
CHAPTER ONE GENERAL PROVISIONS CHAPTER I General Provisions
Article 1 The law is formulated to normalize the advertising business, promote sound development of advertising, protect the legitimate rights and interests of consumers, safeguard the social and economic order and to give full play to the positive role of advertising in the socialist market economy. Article 1 This law is developed to regulate advertising activities, protect the lawful rights and interests of consumers, promote the sound development of the advertising sector, and maintain the social and economic order.
Article 2 Advertisers, advertising agents and advertisement publishers shall abide by this law in engaging in advertising business within the territory of the People's Republic of China.
The term "advertisement" used in this law refers to commercial ads that publicize, directly or indirectly and through certain media or forms, some kind of commodities or services at the expense of the suppliers of the commodities or services.
The term "advertiser" refers to a legal person, an economic organization or an individual that designs, produces and publishes advertisements by one's own effort or others through an entrustment in order to promote one's own sales of goods or services.
The term "advertising agent" refers to a legal person, an economic organization or an individual that provides services in designing and producing advertisements or providing related services on the commissioned basis.
The term "advertisement publisher" refers to a legal person or an economic organization that publishes ads for advertisers or for advertising agents entrusted by advertisers.
Article 2 This Law shall apply to commercial advertising activities in which commodity dealers or service providers directly or indirectly introduce, via certain media and in certain forms, goods or services marketed by them within the territory of the People's Republic of China.
For the purposes of this Law, “advertiser” means a natural person, a legal person, or any other organization that designs, produces, and publishes advertisements or authorizes any other person to do so for the purpose of marketing its goods or services.
For the purposes of this Law, “advertising agent” means a natural person, a legal person, or any other organization that accepts authorization to provide advertisement design, production, and agency services.
For the purposes of this Law, “advertisement publisher” means a natural person, a legal person, or any other organization that publishes advertisements for an advertiser or an advertising agent authorized by the advertiser.
For the purposes of this Law, “endorser” means a natural person, a legal person, or any other organization, other than the advertiser, that recommends or certifies goods or services in an advertisement in its own name or image.
Article 3 The contents of an advertisement shall be true, lawful and conforming to the requirements in the building of a socialist spiritual civilization. Article 3 The contents of advertisements shall be expressed in a true, lawful, and healthy manners, and conform to the requirements of the construction of socialist spiritual civilization and the development of the fine traditional cultures of the Chinese nation.
Article 4 Advertisements shall not resort to any falsehood to a deception or misleading to the consumers. Article 4 Advertisements shall not have any false or misleading content or defraud or mislead consumers.
An advertiser shall be responsible for the veracity of contents of advertisement.
Article 5 Advertisers, advertising agents and advertisement publishers shall abide by the laws, administrative decrees and regulations and the principles of fairness, honesty and credit worthiness in carrying out advertising activities. Article 5 Advertisers, advertising agents, and advertisement publishers shall abide by laws and regulations, be honest and trustworthy, and compete in a fair manner in advertising activities.
Article 6 Administrations for industry and commerce of the people's governments at and above the county level shall administer and supervise over the activities of advertising. Article 6 The administrative department for industry and commerce of the State Council shall take charge of advertising supervision and administration nationwide, and the relevant departments of the State Council shall be responsible for work related to advertising administration within their respective functions.
Local administrative departments for industry and commerce at and above the county level shall take charge of advertising supervision and administration within their respective administrative regions, and the relevant departments of local people's governments at and above the county level shall be responsible for work related to advertising administration within their respective functions.
CHAPTER TWO GUIDING PRINCIPLES FOR ADVERTISING CHAPTER II Rules for the Contents of Advertising
Article 7 Contents of advertisements should be good for the physical and mental health of the people, and be able to promote the quality of commodities or services, protect the legitimate rights and interests of consumers, conform to the social, public and professional ethics and safeguard the dignity and interests of the State.
An advertisement should not contain any of the following contents:
1. National flag, national emblem and national anthem of the People's Republic of China;
2. Names of government organs or government functionaries;
3. Words such as State level, highest level or the best etc.;
4. Anything that would be injurious to social stability, personal and property safety and social public interests;
5. Anything that would jeopardize social and public order and violate good social conventions;
6. Contents that are obscene, superstitious, terrorizing, violent and evil;
7. Contents that are discriminative against nationalities, races, religions and sex;
8. Contents that are harmful to the protection of the environment or natural resources; and
9. Other contents that are forbidden by laws and administrative decrees.
Article 9 An advertisement shall be prohibited from:
(1) using, or using in a disguised form, the national flag, national anthem, national emblem, military flag, military song, or military emblem of the People's Republic of China;
(2) using, or using in a disguised form, the name or image of any state authority or its staff member;
(3) using “national,” “highest,” “best,” or similar comparative words;
(4) damaging the dignity or interest of the state or divulging any state secret;
(5) disturbing social stability or damaging the public interest;
(6) damaging personal or property safety or divulging individual privacy;
(7) disturbing the public order or departing from a good social climate;
(8) containing any obscene, pornographic, gambling, superstitious, horrible, or violent content;
(9) containing any ethnically, racially, religiously, or sexually discriminatory content;
(10) impeding the protection of environment, natural resources, or cultural heritages; or
(11) falling under any other circumstances as set out by any law or administrative regulation.
Article 8 An advertisement should not have any content that is injurious to the physical and mental health of underage persons or handicapped persons. Article 10 Advertisements shall not damage the physical and mental health of the minors and the disabled.
Article 9 An advertisement should make distinct and clear the specifications, place of origin, uses, quality, price, manufacturer, validity period or promises, if any, of commodities or the contents, forms, quality, price or promises, if any, of the services offered.
Whereas a gift is attached to a commodity or services supplied, the advertisement concerned should clearly define the kind and quality of the attached gift.
Article 8 Where an advertisement indicates the performance, functions, place of origin, uses, quality, ingredients, price, producer, term of validity, and promises, among others, of the goods or the content, provider, form, quality, price, and promises, among others, of the services, such indication shall be accurate, clear, and understandable.
Where an advertisement indicates that a gift is attached to the marketed goods or services, the variety, specification, quantity, term, and form of the gift goods or services shall be explicitly indicated.
Where any content shall be explicitly indicated in an advertisement as required by any law or administrative regulation, it shall be indicated in a conspicuous and clear manner.
Article 10 Data, statistics, survey results, excerpts or quotations addressed in an advertisement should be true and accurate, with the sources clearly indicated. Article 11 Where the contents of an advertisement involve any matter subject to administrative licensing, it shall conform to the licensed content.
The data, statistics, investigation results, excerpts, quotations, and other citations used in an advertisement shall be true and accurate, with the sources indicated. If any citation has a scope of application or a term of validity, the scope of application or term of validity shall be clearly indicated.
Article 11 If an advertisement involves patented products or patented methods, the patent number and patent category should also be clearly defined.
An advertisement should not lie about the patent right of any product that has not factually obtained the patent right.
It is prohibited to advertise any patent applications that have not been granted, the patent rights or patents that have been terminated, cancelled or invalid.
Article 12 Where an advertisement involves any patented product or patented method, the patent number and the patent type shall be indicated.
An advertisement shall not falsely claim that a patent has been granted, if the patent has not been granted.
An advertisement shall be prohibited from using a patent application before the patent is granted or using any expired, revoked, or invalidated patent.
Article 12 An advertisement should not have any content that denigrates the commodities or services of other producers or operators. Article 13 Advertisements shall not disparage the goods or services of any other producer or trader.
Article 13 An advertisement should be able to be clearly recognizable as a kind of advertisement.
Mass media should not in any way publish an advertisement in the disguise of a news report whenever an advertisement is published in mass media, for not to mislead consumers, a clear indication should be shown to distinguish it from non-advertising information.
Article 14 An advertisement shall be identifiable so that consumers could identify it as an advertisement.
Advertisements shall not be published in the disguised form of a news report on mass media. Any advertisement published on mass media shall be conspicuously indicated as an “advertisement” to distinguish it from other non-advertisement information and avoid misleading consumers.
Advertisements published on radio and television stations shall be in compliance with the provisions of the relevant departments of the State Council on length and methods, and the length of advertisements shall be clearly indicated.
Article 14 An advertisement for medicines or medical apparatuses should not in any way contain the following:
1. Any unscientific assertions or assurances in terms of efficiency or uses;
2. Treatment efficiency or curative rate;
3. Comparisons with other medicines or medical apparatuses in efficacy or safety;
4. Titles or images of medical research institutes, academic institutions, medical organizations or experts, doctors or patients; and
5. Other contents that are prohibited by laws and administrative decrees.
Article 16 Advertisements on medical services, drugs, or medical instrument shall not contain:
(1) any assertion or assurance on efficacy or safety;
(2) any statement on the recovery or response rate;
(3) any comparison with other drugs or medical instruments in efficacy and safety or comparison with other medical institutions;
(4) any recommendation or certification by an endorser; or
(5) any other information prohibited by any law or administrative regulation.
The contents of a drug advertisement shall not differ from the instructions approved by the drug administrative department of the State Council, and shall conspicuously indicate the restrictions and adverse reactions. An advertisement on a prescription drug shall conspicuously indicate: “This advertisement is intended for medical and pharmaceutical professionals only,” and an advertisement on a non-prescription drug shall conspicuously indicate: “Please follow the instructions of the drug or purchase and use the drug under the direction of a pharmacist.”
An advertisement on medical instruments recommended for personal use shall conspicuously indicate: “Please carefully read the product specification or purchase and use the product under the direction of medical personnel.” Where there are any contraindications or precautions in the medical instrument's registration certification document, the advertisement shall conspicuously indicate: “Please see the instructions for details on contraindications or precautions.”
Article 15 The contents of an advertisement for a medicine should be based on the indications approved by the public health administrative department of the State Council or by the public heath administrative department of a province, autonomous region or municipality under the directly administration of the central government.
An advertisement for therapeutical medicines that must be applied under the guidance of doctors as required by the State should include the words of "To seek doctor's advice in the purchasing and application".
Article 16 No advertising is allowed for such special purpose drugs as anesthetics, psychotropic drugs, toxic drugs and radioactive drugs. Article 15 Narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, and other special drugs, pharmaceutical precursor chemicals, and drugs, medical instruments, and treatment methods for drug rehabilitation treatment shall not be advertised.
Prescription drugs other than those set out in the preceding paragraph may only be advertised on specialized pharmaceutical or medical journals jointly designated by the health and the drug administrative departments of the State Council.
Article 17 An advertisement for any farm chemicals should not contain the following;
1. Any absolute assertions of safety, such as toxic-free or harmless;
2. Any unscientific assertions or assurances in terms of effectiveness;
3. Written or oral language or pictures that violate the procedures for the safe use of farm chemicals; and
4. Other contents prohibited by law and administrative decrees.
Article 21 Advertisements on pesticides, veterinary drugs, feeds, or feed additives shall not contain:
(1) any assertion or assurance on efficacy or safety;
(2) any recommendation or certification in the name or image of any scientific research entity, academic institution, technical promotion institution, industry association, professional, or user;
(3) any statement on the response rate;
(4) any words, language, or picture in violation of safe use procedures; or
(5) any other information prohibited by any law or administrative regulation.
Article 18 Advertisements of tobacco are prohibited to be published through broadcast, films, television, newspaper or periodicals.
It is prohibited to post tobacco advertisements in any waiting rooms, cinemas and theatres, meeting halls, sports sites and gyms and other public places.
An advertisement for tobacco should carry the indication of "Smoking is harmful to your health".
Article 22 It shall be prohibited to publish tobacco advertisements on mass media, in public places, on public means of transportation, or outdoors. Sending any form of tobacco advertisement to the minors shall be prohibited.
It shall be prohibited to publicize the name, trademark, packaging, decoration, and other similar aspects of tobacco products through advertisements on any other goods or services or public service advertisements.
The notices issued by a tobacco product manufacturer or seller regarding its relocation, renaming, or recruitment, among others, shall not contain the name, trademark, packaging, decoration, and other similar aspects of tobacco products.
Article 19 The contents of advertisements for goods, wines and cosmetics should conform to the requirements as set by health departments and not use any medical terms or terms easily to confuse the goods with medicines. Article 17 Advertisements except those on medical services, drugs, and medical instruments shall not involve disease treatment functions, nor use medical terms or terms that may result in confusion between the marketed goods and any drugs or medical instruments.
CHAPTER THREE ADVERTISING ACTIVITIES CHAPTER III Code of Conduct of Advertising
Article 20 In carrying out advertising activities, advertisers, advertising agents and advertisement publishers shall sign written contracts to define the rights and obligations of each other. Article 30 Advertisers, advertising agents, and advertisement publishers shall, in accordance with the law, enter into written contracts among them in their advertising activities.
Article 21 In carrying out advertising activities, advertisers, advertising agents and advertisement publishers should not engage in any form of unfair competition. Article 31 Advertisers, advertising agents, and advertisement publishers shall not conduct any form of unfair competition in their advertising activities.
Article 22 The commodities or services to be advertised should be fully covered in the business scope of the advertisers no matter the advertisements are designed, produced and published by the own effort of the advertisers or by others under the entrustment of the advertisers.
Article 23 Advertisers shall entrust the designing, production and publishing of advertisements to advertising agents and publishers that are lawful for their operation. Article 32 The advertising agents or advertisement publishers authorized by advertisers to design and produce or publish advertisements shall be legally qualified to engage in such business.
Article 24 In designing, producing and publishing advertisements by own efforts of the advertisers or others under entrustments by the advertisers, the advertisers shall have or provide the following true, legal and valid documents of certification:
1. Business licenses and other documents certifying production and management qualifications;
2. Certificates for the contents of advertisements about commodity quality issued by quality inspection organizations; and
3. Other documents certifying the truthfulness of the contents of the advertisements.
If the publishing of advertisements requires the examination by relevant administrative departments in charge according to the provisions of Article 34 of this law, relevant documents of approval shall be provided.
Article 25 In using the names or images of others for advertising, the advertisers or advertising agents shall get the prior written approval of the persons concerned. If the names or images or persons without the capabilities of civil acts or whose capabilities of civil acts are limited are used, the advertisers shall get the prior written approval of their guardians. Article 33 To use the name or image of any other person in advertising, an advertiser or advertising agent shall obtain the written consent of the person in advance; or to use the name or image of a person without civil competency or a person with limited civil competency, the advertiser or advertising agent shall obtain the written consent of the person's guardian in advance.
Article 26 An advertising agent shall have the necessary professional staff and advertisement making equipment and gone through the company or advertising management registration before carrying out advertising activities.
In handling advertising business, broadcasting and television stations, newspapers and periodicals and publishing units shall designate special departments to handle such business and go through the procedures for the registration of concurrently handling advertising business.
Article 29 To engage in the advertisement publishing business, a radio station, television station, or publisher of a newspaper or journal shall establish a specialized department for its advertising business, assign necessary personnel, have the places and equipment appropriate for publishing advertisements, and undergo advertisement publishing registration with the local administrative department for industry and commerce at or above the county level.
Article 27 Advertising agents or publishers shall examine relevant documents and verify the contents of advertisements according to law and administrative decrees. Advertising agents shall not provide services in the designing and production of advertisements and in agency business for advertisements whose contents are not factual or the documents of certification for which are incomplete and advertisement publishers shall not publish the advertisements thereof. Article 34 Advertising agents and advertisement publishers shall, in accordance with the relevant provisions of the state, establish and improve their management rules for the acceptance registration, examination, and archives of advertising transactions.
Advertising agents and advertisement publishers shall examine the relevant certification documents, and verify the contents of advertisements, in accordance with laws and administrative regulations. Advertising agents shall not provide design, production, and agency services for, and advertisement publishers shall not publish, advertisements with any inconsistent content or with incomplete certification documents.
Article 28 Advertising agents and publishers shall set up and perfect the system of registration, examination and file management concerning advertising business according to the relevant regulations of the State. Article 34 Advertising agents and advertisement publishers shall, in accordance with the relevant provisions of the state, establish and improve their management rules for the acceptance registration, examination, and archives of advertising transactions.
Advertising agents and advertisement publishers shall examine the relevant certification documents, and verify the contents of advertisements, in accordance with laws and administrative regulations. Advertising agents shall not provide design, production, and agency services for, and advertisement publishers shall not publish, advertisements with any inconsistent content or with incomplete certification documents.
Article 29 Fees collected for advertising shall be reasonable and open and the standards and methods for fee collection shall be reported to the price management and administrations for industry and commerce for the record.
Advertising agents and publishers shall make public their standards and methods for fee collection.
Article 35 Advertising agents and advertisement publishers shall publish their fee rates and fee collection methods.
Article 30 The media coverage, television viewing rate and the size of distribution provided by advertising publishers to advertisers and advertising agents shall be true to facts. Article 36 The coverage rate, audience rating, click rate, circulation, and other data provided by advertisement publishers to advertisers and advertising agents shall be true.
Article 31 It is prohibited to design, produce and published advertisements for commodities or services prohibited by the laws or administrative decrees and for commodities or services whose advertising is prohibited. Article 37 Where any law or administrative regulation prohibits the production or sale of a product or the provision of a service or prohibits the advertising of a good or service, no entity or individual may design, produce, serve as an agent for, or publish any advertisement on such product or good or service.
Article 32 Posting of advertisements outdoors shall not be allowed in the following cases:
1. The posting is on traffic safety facilities or traffic marks;
2. The posting would affect the use of municipal public utilities, traffic safety facilities and marks;
3. The posting would affect production or people's life or be harmful to the view of the city;
4. The posting is in areas under the command of building structures of government organs, cultural relics protection units or scenic spots; and
5. The posting is in areas prohibited for advertising by people's governments at and above the county level.
Article 42 Placement of outdoor advertisements shall be prohibited under any of the following circumstances:
(1) Using any traffic safety facility or traffic sign.
(2) Affecting the use of any municipal public facility, traffic safety facility, traffic sign, fire protection facility, or fire safety mark.
(3) Obstructing production or the people's life or damaging the city image.
(4) Placement of advertisements in construction-controlled zones where state authorities, protected cultural relics entities, and scenic spots, among others, are located or in areas prohibited by local people's governments at or above the county level from placement of outdoor advertisements.
Article 33 The plans and management methods for posting advertisements outdoors shall be formulated by the local people's governments at and above the county level by referring to advertisements supervision and control, urban construction, environmental protection and public security departments. Article 41 Local people's governments at and above the county level shall direct the relevant departments to strengthen the supervision and administration of outdoor advertisements published in outdoor places, spaces, and facilities, among others, and develop general plans on outdoor advertisement placement and safety requirements.
The measures for the administration of outdoor advertisements shall be prescribed by local regulations and local government rules.
CHAPTER FOUR EXAMINATION OF ADVERTISEMENTS CHAPTER IV Supervision and Administration
Article 34 Advertisements for medicines, medical apparatuses, pesticides, veterinary medicines and other commodities through broadcast, films, television, newspapers, periodicals and other media and other advertisements that are required for examination by law and administrative organs shall be examined by relevant administrative departments in charge according to relevant laws and administrative decrees (hereinafter referred to as "advertising examination organizations") before they are published and are prohibited from being published without examination. Article 46 Before any advertisement on a medical service, drug, medical instrument, pesticide, veterinary drug, or dietary supplement or any other advertisement subject to censorship in accordance with the provisions of laws and administrative regulations is published, the relevant department (hereinafter referred to as the “advertisement censoring authority”) shall censor the contents of the advertisement; and the advertisement shall not be published without undergoing censorship.
Article 35 Advertisers shall submit related documents of certification according to law and administrative decrees in applying for examination of their advertisements with the advertisement examination organizations. Advertisement examination organizations shall examine the advertisements and take proper decisions according to law and administrative decrees. Article 47 An advertiser applying for advertisement censorship shall submit the relevant certification documents to the advertisement censoring authority in accordance with laws and administrative regulations.
The advertisement censoring authority shall, in accordance with the provisions of laws and administrative regulations, make a decision after conducting censorship, and send a copy of the censorship approval document to the administrative department for industry and commerce at the same level. The advertisement censoring authority shall, in a timely manner, release to the public the approved advertisements.
Article 36 No unit or individual shall forge, falsify or transfer documents of approval for the examination of advertisements. Article 48 No entity or individual may forge, alter, or transfer any advertisement censorship approval documents.
CHAPTER FIVE LEGAL RESPONSIBILITY CHAPTER V Legal Liability
Article 37 For acts of falsely advertising commodities or services in violation of this law, the advertising supervision and administration organizations shall order the advertisers to stop publication and to use the amount of expense equal to the expenses for advertising to make open corrections to offset the influence within corresponding scope and to pay a fine ranging from twice to less than five times the amount used for advertising. The advertisement fees collected by advertising agents and publishers of the said advertisements shall be confiscated and a fine ranging from twice to less than five times the amount they have collected for advertising shall be imposed on them. If the case is very serious, their advertising business shall be terminated. If the case is serious enough to constitute a crime, criminal responsibilities shall be affixed. Article 55 Where a false advertisement is published in violation of the provisions of this Law, the administrative department for industry and commerce shall order cessation of publishing the advertisement, order the advertiser to eliminate adverse effects within the corresponding extent, and impose a fine of not less than three nor more than five times the advertising expenses on it or if the advertising expenses are incalculable or evidently low, a fine of not less than 200,000 yuan nor more than one million yuan on it; or provided that the advertiser has committed three or more violations of law in the past two years or falls under any other serious circumstance, impose a fine of not less than five nor more than ten times the advertising expenses on it or if the advertising expenses are incalculable or evidently low, a fine of not less than one million yuan nor more than two million yuan on it. If there is any serious circumstance, the administrative department for industry and commerce may revoke its business license, and the advertisement censoring authority shall revoke the advertisement censorship approval document and decline to accept the advertiser's advertisement censorship application within one year.
Where a medical institution commits a violation of law as described in the preceding paragraph, if there is any serious circumstance, the administrative department for industry and commerce shall punish it in accordance with this Law, and the health administrative department may revoke the involved medical service item or the medical institution's practicing license.
Where an advertising agent or advertisement publisher knows or should have known that an advertisement is false but still designs, produces, serves as an agent for, or publishes the advertisement, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than three times nor more than five times the advertising expenses on it or if the advertising expenses are incalculable or evidently low, a fine of not less than 200,000 yuan nor more than one million yuan on it; or provided that the advertising agent or advertisement publisher has committed three or more violations of law in the past two years or falls under any other serious circumstance, impose a fine of not less than five times nor more than ten times the advertising expenses on it or if the advertising expenses are incalculable or evidently low, a fine of not less than one million yuan nor more than two million yuan on it. If there is any serious circumstance, the relevant department may suspend its advertisement publishing business, revoke its business license, or revoke its advertisement publishing registration certificate.
Where any conduct of an advertiser, advertising agent, or advertisement publisher as set out in paragraphs 1 and 3 of this article is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 38 For acts of publishing false advertisements to deceive or mislead consumers, thus causing damages to the lawful rights and interests of consumers who have bought the commodities or accepted the services, the advertisers shall bear civil responsibility and advertising agents and publishers shall bear joint and several responsibility if they have designed, produced and published the advertisements even though they knew or should have known the falseness of the advertisements.
Whereas an advertising agent or publisher is unable to provide the true name and address of the advertiser(s), it should bear all the civil responsibility.
Social or other organizations shall bear joint and several responsibilities when recommending commodities or services through false advertisements and thus causing damages to the lawful rights and interests of consumers.
Article 56 Where a false advertisement is published in violation of this Law to defraud or mislead consumers, causing any damage to the lawful rights and interests of consumers who purchase goods or receive services, the advertiser shall assume civil liability in accordance with the law. If the advertising agent or advertisement publisher is unable to provide the advertiser's true name and address or valid contact information, consumers may require the advertising agent or advertisement publisher to make compensation in advance.
Where a false advertisement on a good or service involving the life or health of consumers causes any damage to consumers, the advertising agent, advertisement publisher, and endorser of the false advertisement shall assume joint and several liability with the advertiser.
Where a false advertisement on a good or service other than one as mentioned in the preceding paragraph causes any damage to consumers, if the advertising agent, advertisement publisher, or endorser of the false advertisement knew or should have known that the advertisement was false but still designed, produced, served as an agent for, or published the advertisement or provided recommendation or certification, it shall assume joint and several liability with the advertiser.
Article 39 For acts that have violated the provisions of paragraph 2 of Article 7 of this law in publishing advertisements, the advertising supervision and administrative organizations shall order the advertisers, advertising agents or publishers responsible to stop publication and openly make corrections, confiscate the advertising expenses and impose a fine ranging from twice to less than five times the amount of the advertising expenses. If the case is very serious, the business license of the advertising business shall be terminated. If the case is serious enough to constitute a crime, criminal responsibilities shall be affixed. Article 57 For any of the following conduct, the administrative department for industry and commerce shall order cessation of publishing the advertisement and impose a fine of not less than 200,000 yuan nor more than one million yuan on the advertiser, and if there is any serious circumstance, the administrative department for industry and commerce may revoke its business license, and the advertisement censoring authority shall revoke its advertisement censorship approval document and decline to accept its advertisement censorship application within one year; and the administrative department for industry and commerce shall confiscate the advertising expenses received by the advertising agent or advertisement publisher and impose a fine of not less than 200,000 yuan nor more than one million yuan on it, and if there is any serious circumstance, may revoke its business license or advertisement publishing registration certificate.
(1) An advertisement falling under the prohibitive circumstances as set out in Article 9 or 10 of this Law is published.
(2) An advertisement on a prescription drug, a pharmaceutical precursor chemical, or a medical instrument or treatment method for drug rehabilitation is published in violation of Article 15 of this Law.
(3) An advertisement on an infant diary product, a beverage, or any other food which claims to substitute for breast milk in whole or in part is published in violation of Article 20 of this Law.
(4) An tobacco advertisement is published in violation of Article 22 of this Law.
(5) Any product prohibited from production or sale or any service prohibited from provision is marketed by advertising, or any good or service prohibited from being advertised is marketed by advertising, in violation of Article 37 of this Law.
(6) An advertisement on a medical service, a drug, a dietary supplement, a medical instrument, a cosmetic product, liquor, or a cosmetic surgery or an advertisement on a network game adverse to the physical and mental health of the minors is published on mass media targeting the minors, in violation of paragraph 1 of Article 40 of this Law.

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